Kutztown City Zoning Code
ARTICLE IV
District Regulations
§ 225-11 Permitted uses.
In the regulations of each district, certain permitted uses are listed. Within each district, the only uses permitted by right in that district are those uses listed as permitted uses in that district. The supplementary regulations set forth in Article V of this chapter shall apply when applicable.
§ 225-12 R-1 - Agricultural/Residential.
A.
Permitted uses:
(1)
Single-family dwellings, detached building.
(2)
Public structures owned or operated by the Borough or a municipal authority organized by the Borough.
(3)
Public or nonprofit private outdoor recreation areas and facilities, such as parks (except amusement parks), playgrounds, picnic grounds and swim clubs.
(4)
Agricultural operations.
[Added 7-20-2006 by Ord. No. 14-2006]
(5)
Forestry.
[Added 7-20-2006 by Ord. No. 14-2006]
C.
Uses permitted only by special exception issued by the Zoning Hearing Board:
(1)
Churches or similar places of worship, parish houses, convents and other housing for religious personnel.
(2)
Agriculture, horticulture, nurseries and greenhouses.
(3)
Accessory uses, buildings or structures not located on the same lot with the permitted principal use.
(4)
Home occupations.
(5)
Medical centers, nursing homes, convalescent homes or similar health care facilities, subject to the following:
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Minimum front yard: 50 feet.
(d)
Minimum each side yard: 30 feet.
(e)
Minimum rear yard: 80 feet.
(f)
Maximum lot coverage, including accessory structures: 30%.
(g)
Maximum building height: 35 feet; 2 1/2 stories.
(h)
Maximum paved area: 20%.
(6)
The requirements of Subsections D, E and F of this section shall apply to the above uses hereinabove permitted by special exception, except the uses pertaining to medical centers, nursing homes, convalescent homes or similar health care facilities as listed in Subsection C(5) of this section.
[Added 2-9-1993 by Ord. No. 2-1993]
F.
Maximum lot coverage, building and structure height and paved area.
[Amended 1-14-1997 by Ord. No. 1-1997]
(1)
Maximum lot coverage, including accessory structures: 15%.
(2)
Maximum building height: 35 feet; 2 1/2 stories.
(3)
Maximum paved area or hard parking surface: 10%.
(4)
The maximum permitted height of any structure in this district, other than a building, shall be a maximum height above grade of the maximum permitted building height for this district plus 15 feet. Where the structure is erected upon or atop or is affixed to any building, then the maximum height of any such structure erected upon, atop or affixed to any building shall not exceed 15 feet above the highest point of the main roof of the existing building; provided, however, that in no event shall the maximum height of both the building and the structure erected upon, atop or affixed thereto exceed the maximum permitted building height for this district plus 15 feet.
§ 225-13 R-2 - Low-Density Residential.
A.
Permitted uses:
(1)
Single-family dwellings, detached building.
(2)
Public schools, parochial schools, institutions for higher education and private schools.
(3)
Public parks and playgrounds.
(4)
Public structures owned or operated by the Borough or a municipal authority organized by the Borough.
(5)
Fire stations and ambulance facilities.
(6)
Boardinghouses.
(7)
Day-care facility and nursery school.
[Added 3-26-1996 by Ord. No. 3-1996]
(8)
Forestry.
[Added 7-20-2006 by Ord. No. 14-2006]
C.
Uses permitted only by special exception issued by the Zoning Hearing Board:
[Amended 2-9-1993 by Ord. No. 2-1993]
(1)
Public or private outdoor recreation areas and facilities, parks (except amusement parks), playgrounds, swimming clubs, camps and golf courses (except driving ranges and miniature golf courses).
(2)
Agriculture, horticulture, nurseries and greenhouses.
(3)
Churches or similar places of worship, parish houses, convents and other housing for religious personnel, medical centers, nursing homes, convalescent homes or similar health care facilities.
(4)
All the uses described in Subsection C(1), (2) and (3) above and permitted by special exception only shall be subject to the following:
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Minimum front yard: 50 feet.
(d)
Minimum side yard: 30 feet.
(e)
Minimum rear yard: 80 feet.
(f)
Maximum lot coverage, including accessory structures: 30%.
(g)
Maximum building height: 35 feet; 2 1/2 stories.
(h)
Maximum paved area: 20%.
F.
Maximum lot coverage, building and structure height and paved area.
[Amended 1-14-1997 by Ord. No. 1-1997]
(1)
Maximum lot coverage, including accessory structures: 30%.
(2)
Maximum building height: 35 feet; 2 1/2 stories.
(3)
Maximum paved area or hard parking surface: 15%.
(4)
The maximum permitted height of any structure in this district, other than a building, shall be a maximum height above grade of the maximum permitted building height for this district plus 15 feet. Where the structure is erected upon or atop or is affixed to any building, then the maximum height of any such structure erected upon, atop or affixed to any building shall not exceed 15 feet above the highest point of the main roof of the existing building; provided, however, that in no event shall the maximum height of both the building and the structure erected upon, atop or affixed thereto exceed the maximum permitted building height for this district plus 15 feet.
§ 225-14 R-3 - Medium-Density Residential.
A.
Permitted uses:
(1)
Single-family dwellings, detached building.
(2)
Single-family dwellings, semidetached building.
(3)
Two-family dwellings, detached building.
(4)
Public schools, parochial schools, institutions for higher education and private schools.
(5)
Churches or similar places of worship.
(6)
Public structures owned or operated by the Borough, by a municipal authority organized by the Borough, by the Commonwealth of Pennsylvania and its agencies and/or by the federal government of the United States of America and its departments, agencies and federally chartered corporations.
[Amended 3-28-2000 by Ord. No. 3-2000]
(7)
Public parks and playgrounds.
(8)
Borough parking facilities.
(9)
Boardinghouses.
(10)
Day-care facility and nursery school.
[Added 3-26-1996 by Ord. No. 3-1996]
(11)
Forestry.
[Added 7-20-2006 by Ord. No. 14-2006]
B.
Permitted accessory uses located on the same lot with the permitted principal use:
C.
Uses permitted only by special exception issued by the Zoning Hearing Board:
(1)
Accessory parking not located on the same lot with the principal structure or use as provided for in § 225-29A.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
Cemeteries.
(3)
Fraternity houses or sorority houses.
(4)
Low-rise apartment houses and townhouses, pursuant to § 225-25.
[Amended 7-20-2006 by Ord. No. 14-2006]
(5)
Public or private outdoor recreation areas and facilities and parks (except amusement parks), playgrounds and picnic grounds.
(6)
Accessory uses, buildings or structures not located on the same lot as the permitted principal use.
D.
Minimum lot area.
(1)
Single-family detached: 6,250 square feet.
(2)
Single-family semidetached per dwelling: 3,750 square feet.
(3)
Two-family detached per dwelling unit: 3,750 square feet.
(4)
Boarding-, fraternity or sorority house: 6,250 square feet.
(5)
Nonresidential use: 6,250 square feet.
(6)
Low-rise apartment house or townhouse: 1,500 square feet.
[Added 2-9-1993 by Ord. No. 2-1993]
(7)
Parking lots: 6,250 square feet.
[Added 7-20-2006 by Ord. No. 14-2006]
E.
Minimum lot width.
(1)
Single-family detached: 50 feet.
(2)
Single-family semidetached per dwelling: 30 feet.
(3)
Two-family detached: 60 feet.
(4)
Boarding-, fraternity or sorority house and nonresidential use: 50 feet.
(5)
Low-rise apartment house: 50 feet.
[Added 2-9-1993 by Ord. No. 2-1993]
(6)
Parking lots: 50 feet.
[Added 7-20-2006 by Ord. No. 14-2006]
G.
Maximum lot coverage, building and structure height and paved area.
[Amended 1-14-1997 by Ord. No. 1-1997]
(1)
Maximum lot coverage, including accessory structures: 35%.
(2)
Maximum building height: 35 feet; 2 1/2 stories.
(3)
Maximum paved area or hard parking surface: 25%.
(4)
The maximum permitted height of any structure in this district, other than a building, shall be a maximum height above grade of the maximum permitted building height for this district plus 15 feet. Where the structure is erected upon or atop or is affixed to any building, then the maximum height of any such structure erected upon, atop or affixed to any building shall not exceed 15 feet above the highest point of the main roof of the existing building; provided, however, that in no event shall the maximum height of both the building and the structure erected upon, atop or affixed thereto exceed the maximum permitted building height for this district plus 15 feet.
§ 225-15 R-4 - Medium-High-Density Residential.
B.
Permitted accessory uses located on the same lot with the permitted principal use:
F.
Maximum lot coverage, building and structure height: see § 225-25.
[Amended 1-14-1997 by Ord. No. 1-1997]
G.
Uses permitted only by special exception issued by the Zoning Hearing Board:
(1)
Convalescent homes, nursing homes or similar health care facilities, including administrative offices necessary for the operation thereof and accessory uses such as restaurants, gift shops, beauty shops, chapels, laundries and classrooms for the use of the residents and employees of the convalescent home, nursing home or similar health care facility, subject to the following:
(a)
Minimum lot area: 40,000 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Minimum front yard: 50 feet.
(d)
Minimum Each side yard: 30 feet.
(e)
Minimum rear yard: 80 feet.
(f)
Maximum lot coverage, including accessory structures: 30%.
(g)
Maximum building height: 35 feet; 2 1/2 stories.
(h)
Maximum paved area: 20%.
(i)
Maximum floor area for accessory uses: 10%.
(2)
Low-rise apartment houses for the elderly that shall include one or more accessory uses such as restaurants, gift shops, beauty shops, chapels and classrooms which shall be primarily for the use of the residents of the low-rise apartment houses for the elderly; provided, however, that in no event shall the accessory uses herein permitted exceed in area more than 10% of the total floor area of any low-rise apartment house for the elderly.
(3)
Low-rise apartment houses for the elderly in combination with nursing or convalescent homes, subject to, notwithstanding the provisions of § 225-25B, C and D, inclusive, of this chapter, the following:
(a)
Maximum lot coverage: 20%.
(b)
Minimum parking lot setback from street right-of-way line or lot line: 10 feet.
(c)
Minimum distance between convalescent or nursing home and low-rise apartment houses for the elderly: 80 feet.
(d)
Parking lots shall be a minimum of 10 feet from buildings and lot lines.
(e)
Off-street parking: 1 1/4 space per dwelling unit.
(f)
When more than one principal use will be located in a building on a lot, the total lot shall be used in calculating whether the area, density and other requirements for each use on the lot have been met, and the lot shall not be considered as being divided into more than one parcel for calculation purposes.
H.
Maximum structure height. The maximum permitted height of any structure in this district, other than a building, but including any structure erected upon or atop any building, shall not exceed the applicable maximum heights above grade specified in § 225-25B(12) and (13).
[Added 1-14-1997 by Ord. No. 1-1997]
§ 225-16 R-5 - High-Density Residential.
A.
Permitted uses:
(3)
No-impact home-based business.
[Amended 7-20-2006 by Ord. No. 14-2006]
(4)
Fraternity houses or sorority houses, subject to the following:
(c)
Maximum lot coverage, building and structure height and paved area and minimum open space.
[Amended 1-14-1997 by Ord. No. 1-1997]
[1]
Maximum lot coverage: 35%.
[2]
Maximum building height: 35 feet; 2 1/2 stories.
[3]
Maximum paved area: 25%.
[4]
Minimum open space: 40%.
[5]
The maximum permitted height of any structure, not a building, erected in connection with a fraternity house or a sorority house, shall be a maximum height above grade of the maximum building height for a fraternity house or sorority house plus 15 feet. Where the structure is erected upon or atop or is affixed to any building used as a fraternity house or a sorority house, then the maximum height of any such structure erected upon, atop or affixed to any such building shall not exceed 15 feet above the highest point of the main roof of the existing building; provided, however, that in no event shall the maximum height of both the building used as a fraternity house or a sorority house and the structure erected upon, atop or affixed thereto exceed the maximum permitted building height for this district plus 15 feet.
(5)
Dormitories, subject to the following:
(b)
Maximum lot coverage, building and structure height and paved area and minimum open space.
[Amended 1-14-1997 by Ord. No. 1-1997]
[1]
Maximum lot coverage: 15%.
[2]
Maximum paved area: 25%.
[3]
Maximum building height: 50 feet; four stories.
[4]
Minimum open space: 60%.
[5]
The maximum permitted height of any structure, not a building, erected in connection with a dormitory, shall be a maximum height above grade of the maximum building height for a dormitory plus 15 feet. Where the structure is erected upon or atop or is affixed to any building used as a dormitory, then the maximum height of any such structure erected upon, atop or affixed to any such building shall not exceed 15 feet above the highest point of the main roof of the existing building; provided, however, that in no event shall the maximum height of both the building used as a dormitory and the structure erected upon, atop or affixed thereto exceed the maximum permitted building height for this district plus 15 feet.
(6)
Forestry.
[Added 7-20-2006 by Ord. No. 14-2006]
B.
Permitted accessory uses located on the same lot with the permitted principal use:
§ 225-17 C-C - Business Commercial Central.
A.
Permitted uses:
(1)
Retail sales and retail service establishments, except gasoline service stations and any other gasoline sales operations which are conducted separately or as a portion of a convenience store or other retail sales and service establishment, drive-in establishments and motor vehicle, recreation vehicle, farm machinery or industrial machinery sales or service establishments.
[Amended 3-26-1996 by Ord. No. 3-1996]
(2)
Business, professional or government offices and office buildings.
(3)
Banks and savings and loan associations.
(4)
Hotels and motels.
(5)
Restaurants, taverns or other places serving food and beverages, except drive-in establishments.
(6)
Theaters or motion picture theaters, except drive-ins.
(7)
Dwelling units in combination with a commercial use.
(8)
Single-family dwellings, detached building.
(9)
Single-family dwellings, semidetached building.
(10)
Two-family dwellings, attached or detached building.
(11)
Single-family dwellings, attached building.
(12)
Boardinghouses.
(13)
Rooming houses.
(15)
Day-care facilities and nursery school.
[Added 3-26-1996 by Ord. No. 3-1996]
(16)
Multifamily dwelling.
[Added 7-20-2006 by Ord. No. 14-2006]
(17)
Forestry.
[Added 7-20-2006 by Ord. No. 14-2006]
B.
Permitted accessory uses located on the same lot with the permitted principal use:
(1)
Private garages, parking spaces or parking lots.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
Signs.
(3)
Accessory uses, buildings and structures.
(4)
Essential services.
(5)
No-impact home-based business.
[Added 7-20-2006 by Ord. No. 14-2006]
(6)
BYOB club in conjunction with a primary use as set forth in § 225-17A(4), (5) and (6), subject to the rules and regulations set forth in § 62-14 et seq. of the Code of the Borough of Kutztown.
[Added 10-16-2012 by Ord. No. 4-2012]
C.
Uses permitted only by special exception issued by the Zoning Hearing Board:
(1)
Accessory parking not located on the same lot with the principal use, pursuant to § 225-29A.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
Churches or similar places of worship.
D.
Minimum lot area.
(2)
Commercial and residential building in combination.
(3)
Residential building area per dwelling unit.
(a)
Single-family detached: 4,000 square feet.
(b)
Single-family semidetached: 4,000 square feet.
(c)
Two-family attached or detached: 3,000 square feet.
(d)
Single-family attached: 2,000 square feet.
(e)
Boardinghouse: 5,000 square feet.
(f)
Rooming house: 5,000 square feet, per rooming unit.
[Amended 7-20-2006 by Ord. No. 14-2006]
(i)
Multifamily: 1,500 square feet.
[Added 7-20-2006 by Ord. No. 14-2006]
E.
Minimum lot width.
(1)
Commercial building and/or use: 40 feet.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
Commercial and residential building in combination: 40 feet.
[Amended 7-20-2006 by Ord. No. 14-2006]
(3)
Single-family detached: 30 feet.
(4)
Single-family semidetached: 30 feet per dwelling unit.
[Amended 3-26-1996 by Ord. No. 3-1996]
(5)
Two-family attached or detached: 20 feet per dwelling unit.
[Amended 3-26-1996 by Ord. No. 3-1996]
(6)
Single-family attached: 20 feet.
(7)
Boardinghouse: 50 feet.
(8)
Rooming house: 50 feet.
(9)
Low-rise apartment house: 50 feet.
(10)
High-rise apartment house: 50 feet.
(11)
Noncommercial/nonresidential buildings: 50 feet.
[Amended 7-20-2006 by Ord. No. 14-2006]
F.
Minimum yard dimensions.
(1)
Front yard: six feet for corner lots, except as otherwise required by § 225-22A; none required for other lots.
(2)
Side and rear yard: none required; however, no building other than an accessory building shall extend nearer to any residential district boundary in the rear than the rear yard required in that residential district nor nearer the side of the building than the side yard required in that residential district. For commercial buildings, commercial and residential buildings in combination and nonresidential, noncommercial buildings, all lots abutting or facing residential districts shall be provided with a landscaped area at least five feet in width, or a divider, along the perimeter of the lot abutting or facing the residential district.
G.
Maximum lot coverage, building and structure height and paved area and minimum open space.
[Amended 1-14-1997 by Ord. No. 1-1997]
(1)
Maximum lot coverage: 45%.
(2)
Maximum building height: 50 feet; four stories.
(3)
Maximum paved area or hard parking surface: 50%.
(4)
Minimum open space: 5%.
(5)
The maximum permitted height of any structure, not a building, in this district shall be a maximum height above grade of the maximum permitted building height for this district plus 15 feet. Where the structure is erected upon or atop or is affixed to any building, then the maximum height of any such structure erected upon, atop or affixed to any building shall not exceed 15 feet above the highest point of the main roof of the existing building; provided, however, that in no event shall the maximum height of both the building and the structure erected upon, atop or affixed thereto exceed the maximum permitted building height for this district plus 15 feet.
§ 225-18 C-1 - Business Commercial.
A.
Permitted uses:
(1)
Retail sales and retail service establishments, except gasoline service stations and any other gasoline sales operations which are conducted separately or as a portion of a convenience store or other retail sales and service establishment, drive-in establishments and motor vehicle, recreation vehicle, farm machinery or industrial machinery sales or service establishments.
[Amended 3-26-1996 by Ord. No. 3-1996]
(2)
Business, professional or government offices and office buildings.
(3)
Banks and savings and loan associations.
(4)
Hotels and motels.
(5)
Restaurants, except drive-in establishments.
(6)
Theaters or motion-picture theaters, except drive-ins.
(7)
Boardinghouses.
(8)
Dwelling units in combination with commercial use.
(9)
Single-family dwellings, detached building.
(10)
Single-family dwellings, semidetached building.
(11)
Two-family dwellings, attached or detached building.
(12)
Single-family dwellings, attached building.
(13)
Day-care facility and nursery school, pursuant to § 225-33.1.
[Added 3-26-1996 by Ord. No. 3-1996; amended 7-20-2006 by Ord. No. 14-2006]
(14)
Forestry.
[Added 7-20-2006 by Ord. No. 14-2006]
(15)
Multifamily buildings.
[Added 7-20-2006 by Ord. No. 14-2006]
C.
Uses permitted only by special exception issued by the Zoning Hearing Board:
(1)
Accessory parking not located on the same lot with the principal use.
(2)
Churches or similar places of worship.
(4)
Rooming houses, provided that any rooming house use may only be permitted by special exception if the rooming house use will be located in a detached building.
[Amended 2-10-1998 by Ord. No. 2-1998]
(5)
Commercial parking lots or garages.
D.
Minimum lot area.
(2)
Commercial and residential building in combination.
(3)
Residential building area per dwelling unit.
(a)
Single-family detached: 4,000 square feet.
(b)
Single-family semidetached: 4,000 square feet.
(c)
Two-family attached or detached: 3,000 square feet.
(d)
Single-family attached: 2,000 square feet.
(e)
Boardinghouse: 5,000 square feet.
(f)
Multifamily: 2,000 square feet.
[Amended 7-20-2006 by Ord. No. 14-2006]
(g)
Rooming house: 5,000 square feet per rooming unit.
[Added 7-20-2006 by Ord. No. 14-2006]
(4)
Noncommercial/nonresidential building, and parking lots.
[Amended 7-20-2006 by Ord. No. 14-2006]
(a)
Area: 5,000 square feet.
E.
Minimum lot width.
(1)
Commercial building and/or use: 40 feet.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
Commercial and residential building in combination: 40 feet.
[Amended 7-20-2006 by Ord. No. 14-2006]
(3)
Single-family detached: 30 feet.
(4)
Single-family semidetached: 30 feet per dwelling unit.
[Amended 3-26-1996 by Ord. No. 3-1996]
(5)
Two-family attached or detached: 20 feet per dwelling unit.
[Amended 3-26-1996 by Ord. No. 3-1996]
(6)
Single-family attached: 20 feet.
(7)
Boardinghouse: 50 feet.
(8)
Rooming house: 50 feet.
[Amended 7-20-2006 by Ord. No. 14-2006]
(9)
Noncommercial/nonresidential buildings: 50 feet.
[Added 7-20-2006 by Ord. No. 14-2006]
(10)
Multifamily: 50 feet.
[Added 7-20-2006 by Ord. No. 14-2006]
F.
Minimum yard dimensions.
(1)
Front yard: six feet for corner lots, except as otherwise required by § 225-22A; none required for other lots.
(2)
Side and rear yard: none required; however, no building other than an accessory building shall extend nearer to any residential district boundary in the rear than the rear yard required in that residential district nor nearer the side of the building than the side yard required in that residential district. For commercial buildings, commercial and residential buildings in combination and nonresidential, noncommercial buildings, all lots abutting or facing residential districts shall be provided with a landscaped area at least five feet in width, or a divider, along the perimeter of the lot abutting or facing the residential district.
G.
Maximum lot coverage, building and structure height and paved area and minimum open space.
[Amended 1-14-1997 by Ord. No. 1-1997]
(1)
Maximum lot coverage: 45%.
(2)
Maximum building height: 50 feet; four stories.
(3)
Maximum paved area or hard parking surface: 50%.
(4)
Minimum open space: 5%.
(5)
The maximum permitted height of any structure, not a building, in this district shall be a maximum height above grade of the maximum permitted building height for this district plus 15 feet. Where the structure is erected upon or atop or is affixed to any building, then the maximum height of any such structure erected upon, atop or affixed to any building shall not exceed 15 feet above the highest point of the main roof of the existing building; provided, however, that in no event shall the maximum height of both the building and the structure erected upon, atop or affixed thereto exceed the maximum permitted building height for this district plus 15 feet.
(7)
Parking lot as permitted by special exception.
[Added 7-20-2006 by Ord. No. 14-2006]
(a)
Width: 50 feet.
(8)
Maximum paved area parking lot principal use: 90%.
[Added 7-20-2006 by Ord. No. 14-2006]
(9)
Minimum open space parking lot principal use: 10%.
[Added 7-20-2006 by Ord. No. 14-2006]
§ 225-19 C-2 - Commercial/Residential.
A.
Permitted uses:
(2)
Fairgrounds.
(4)
Retail service establishments.
[Added 3-26-1996 by Ord. No. 3-1996]
(5)
Single-family dwellings, detached buildings.
[Added 3-26-1996 by Ord. No. 3-1996]
(6)
Single-family dwellings, semidetached buildings.
[Added 3-26-1996 by Ord. No. 3-1996]
(7)
Business, professional or government offices.
[Added 7-20-2006 by Ord. No. 14-2006]
(8)
Day-care facilities and nursery schools as provided for in § 225-33.1.
[Added 7-20-2006 by Ord. No. 14-2006]
(9)
Dwelling units in combination with uses permitted by § 225-19A(4), (7) and (8).
[Added 7-20-2006 by Ord. No. 14-2006]
(10)
Forestry.
[Added 7-20-2006 by Ord. No. 14-2006]
B.
Permitted accessory uses located on the same lot with the permitted principal use:
C.
Uses permitted only by special exception issued by the Zoning Hearing Board:
F.
Maximum lot coverage, building and structure height and paved area and minimum open space.
[Amended 3-26-1996 by Ord. No. 3-1996; 1-14-1997 by Ord. No. 1-1997]
(1)
Maximum lot coverage: 45%.
(2)
Maximum building height: 50 feet; four stories.
(3)
Maximum paved area or hard parking surface: 50%.
(4)
Minimum open space: 5%; 25% where the only use on the lot is in accordance with § 225-19C(2).
[Amended 7-20-2006 by Ord. No. 14-2006]
(5)
The maximum permitted height of any structure, not a building, in this district shall be a maximum height above grade of the maximum permitted building height for this district plus 15 feet. Where the structure is erected upon or atop or is affixed to any building, then the maximum height of any such structure erected upon, atop or affixed to any building shall not exceed 15 feet above the highest point of the main roof of the existing building; provided, however, that in no event shall the maximum height of both the building and the structure erected upon, atop or affixed thereto exceed the maximum permitted building height for this district plus 15 feet.
§ 225-20 C-3 - Highway Commercial.
A.
Permitted uses:
(1)
Retail sales and retail service establishments.
[Amended 3-26-1996 by Ord. No. 3-1996]
(2)
Business, professional or government offices and office buildings.
(3)
Banks and savings and loan associations.
(4)
Bowling alleys.
(5)
Restaurants.
(6)
Automobile or mobile home sales with accessory service facilities.
(7)
Motels and hotels.
(9)
Day-care facility and nursery school, pursuant to § 225-33.1.
[Added 3-26-1996 by Ord. No. 3-1996; amended 7-20-2006 by Ord. No. 14-2006]
(10)
Forestry.
[Added 7-20-2006 by Ord. No. 14-2006]
C.
Uses permitted only by special exception issued by the Zoning Hearing Board:
(1)
Gasoline service stations and any other gasoline sales operations which are conducted separately or as a portion of a convenience store or other retail sales and service establishments.
[Amended 3-26-1996 by Ord. No. 3-1996]
(2)
Car washes.
(3)
Wholesale businesses and warehouses for wholesale sales.
(4)
Accessory uses, buildings or structures not located on the same lot with the permitted principal use.
(5)
Multifamily dwellings and townhouses.
(6)
Accessory parking lot not located on same lot as principal use.
[Added 7-20-2006 by Ord. No. 14-2006]
F.
All lots abutting or facing residential districts shall be provided with a landscaped area at least five feet in width, or a divider, along the perimeter of the lot abutting or facing the residential district.
G.
Maximum lot coverage, building and structure height and paved area and minimum open space.
[Amended 1-14-1997 by Ord. No. 1-1997]
(1)
Maximum lot coverage: 45%.
(2)
Maximum building height: 50 feet; four stories.
(3)
Maximum paved area or hard parking surface: 45%.
(4)
Minimum open space: 10%.
(5)
The maximum permitted height of any structure, not a building, in this district shall be a maximum height above grade of the maximum permitted building height for this district plus 15 feet. Where the structure is erected upon or atop or is affixed to any building, then the maximum height of any such structure erected upon, atop or affixed to any building shall not exceed 15 feet above the highest point of the main roof of the existing building; provided, however, that in no event shall the maximum height of both the building and the structure erected upon, atop or affixed thereto exceed the maximum permitted building height for this district plus 15 feet.
§ 225-21 I-Industrial.
[Amended 2-9-1993 by Ord. No. 2-1993; 3-26-1996 by Ord. No. 3-1996; 1-14-1997 by Ord. No. 1-1997; 7-20-2006 by Ord. No. 14-2006]
A.
Industrial Zoning Districts.
(2)
Each industrial use shall be located in an appropriate industrial zone based upon the utilization limits set forth in this § 225-21.
(3)
An industrial use which exceeds a single limit set forth in § 225-21B for an industrial district must be located in the next higher industrial district, except that in an LI District an industrial use may exceed two limits for the LI District listed in § 225-21B, but shall not exceed any limits set forth in the MI District.
B.
Industrial utilization regulations:
(1)
Limitations.
Condition | Light (LI) | Medium (MI) | Heavy (HI) | ||
|---|---|---|---|---|---|
Employees | Fewer than 100 | 100 to 250 | More than 250 | ||
Noise level (dba) | |||||
(a) 1/2 hour after sunrise to 1/2 hour prior to sunset, Sundays and holidays | 60 | 65 | 70 | ||
(b) Other than noted in Subsection (a) above | 50 | 60 | 70 | ||
Water usage | 3,000 gpd | 7,500 gpd | 15,000 gpm | ||
Sewage discharge | 2,000 gpd | 5,000 gpd | 10,000 gpm | ||
Sewage treatment | Municipal | Municipal/ pretreatment | Pretreatment | ||
Traffic volume (trips) | 250(1) | 500 | 1,000 | ||
Air filtration | Not required | Nontoxic dust control | Required | ||
3 or more axle trucks (trips per day) | 10 | 20(2) | More than 20 | ||
Building height (stories or feet) | 2 or 35 | 4 or 50 | 4 or 50 | ||
Lot size (acres) | 2 | 5 | 10 | ||
Lot width (feet) | 150 | 200 | 250 | ||
Lot coverage | 35% | 40% | 45% | ||
Paved area | 35% | 40% | 45% | ||
Yards | |||||
Front (feet) | 40 | 40 | 30 | ||
Side (feet) | 30 | 20 | 20 | ||
Rear (feet) | 40 | 20 | 20 | ||
Open space | 30% | 20% | 10% | ||
Notes: | |
|---|---|
(1) Three or more axle trucks not included, see below. | |
(2) Truck terminals excluded. |
(2)
All industrial uses abutting other zoning districts shall have a minimum yard of 40 feet abutting such zone and shall provide a minimum landscape area of five feet.
C.
Permitted uses.
(1)
Industrial uses in conformity with the regulations of this § 225-21 and which shall be carried on in a completely enclosed building and which include the storage, manufacture, assembly, fabrication, packing, testing or other handling of products, excepting related and customary outdoor storage of raw materials and accessory loading facilities.
(2)
Commercial uses in conformity with the regulations of this § 225-21 and which:
(a)
Shall be carried on in a completely enclosed building, except for accessory loading facilities, including wholesale businesses, storage and warehousing establishments, truck and freight terminals, delivery and distribution centers, mechanical and vehicle equipment repair establishments and dry-cleaning and dyeing plants; or
(b)
The following nonenclosed uses: building materials, new and used machinery storage and sales, vehicle and trailer sales and storage, farm equipment and construction machinery establishments.
(4)
Public structures owned or operated by any federal, state, county government agency or the Borough or municipal authority authorized by the Borough.
(5)
Tobacco/e-cigarette retailers in conformity with the regulations of this § 225-21 and as set forth below in Subsection C(5)(a) and (5)(b).
[Added 12-20-2022 by Ord. No. 9-2022]
(a)
A tobacco/e-cigarette retailer may not be located within 500 feet of a property line of a youth-populated area, to include: child day cares, nursery schools, public schools, parochial schools, institutions for higher education, private schools, churches or similar places of worship, libraries, parks and/or playgrounds, and the Borough of Kutztown Swimming Pool. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
(b)
A tobacco/e-cigarette retailer may not be located within 500 feet of any other tobacco/e-cigarette retailer. This distance shall be measured in a straight line, between the closest exterior wall of the buildings or portions thereof in which the businesses are to be conducted or are proposed to be conducted.
D.
Permitted accessory uses located on the same lot as a permitted use.
(1)
Off-street parking facilities.
(2)
Signs.
(3)
Restaurants, cafeterias, or recreational facilities for employees of permitted use; not to be open to the general public.
(4)
Day-care facilities and/or nursery school operated in conjunction with and for the sole use by § 225-21C(1), (2) or (3) of this chapter.
(5)
Accessory uses, structures or buildings.
(6)
Essential services.
E.
Uses permitted only by special exception.
F.
Additional regulations for permitted uses.
(1)
Odor. No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the lot on which such gases or odors originate.
(2)
Toxic gases. The emission of noxious, toxic or corrosive gases or fumes injurious to persons, property or vegetation beyond the lot lines occupied by the use is prohibited.
(3)
Glare and heat. Glare and heat generated from any process shall not produce glare visible, or objectionable heat, beyond the lot lines of the lot on which the operation is located. Direct glare from incandescent exposed lights shall not be visible from adjoining streets or properties.
(4)
Liquid wastes or sewage. No discharge is permitted into a reservoir, sewage or storm disposal system, stream, open body of water or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply or damage or be detrimental to any sewage system or any sewage treatment plant or otherwise cause the emission of dangerous objectionable elements unless treated so that thin soluble substances, such as oils, grease, acids, alkalines and other chemicals, are in accordance with the standards as approved by Water Pollution Control Boards, appropriate agencies of the Commonwealth of Pennsylvania and/or the United States of America, other Borough regulations or other agencies having jurisdiction.
(5)
Vibration. Vibration perceptible beyond the lot lines of the lot on or in which said vibrations originate shall not be permitted.
(6)
Noise. No noise shall be audible beyond the lot lines of the lot on which said noise originates exceeding the noise levels provided for in § 225-21B(1) of this chapter. Objectionable noises due to intermittence, heat, frequency or shrillness shall be muffled.
(7)
Smoke, soot or dust. The emission of gray smoke at a density greater than No. 1 on a Ringelmann Chart, published by the United States Bureau of Mines, shall not be permitted, except that gray smoke of a shade not darker than No. 2 may be emitted for not more than four minutes in any thirty-minute period.
(8)
Electric or electronic interference. Electric or electronic devices shall be shielded in such a manner as not to interfere with radio or television reception or transmissions of any kind.